BILL ANALYSIS �
AB 2649
Page 1
Date of Hearing: May 16, 2012
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Felipe Fuentes, Chair
AB 2649 (Ammiano) - As Amended: May 2, 2012
Policy Committee: Local
GovernmentVote:9-0
Natural Resources 8-0
Urgency: No State Mandated Local Program:
No Reimbursable:
SUMMARY
This bill authorizes the State Lands Commission to remove the
use requirements of the public trust for the property known as
seawall lot 322-1. Specifically, this bill:
1)Allows for the development of affordable housing on seawall lot
322-1 and other designated seawall lots.
2)Authorizes the Port of San Francisco to sell the transferable
development rights in connection with a historical pier or
historical resource on Port property.
3)Requires the Port to provide the State Lands Commission with
necessary information when the commission is asked to remove
the use requirement from the specified property.
4)Provides the State Lands Commission can remove the use
requirement of the public trust only until January 1, 2094.
FISCAL EFFECT
Minor and absorbable costs to the State Lands Commission.
COMMENTS
1)Purpose . According to the author, the Port is currently
pursuing market rate housing at several seawall lots that are
no longer needed for trust purposes. The Port has directed
staff to explore the feasibility of developing affordable
housing on seawall lots no longer required for trust purposes
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as well. The author notes, for affordable housing to be
feasible on a seawall lot, the Port would need legislative
authorization to lease the site for affordable housing at a
below market rate.
2)Support. This bill, sponsored by the Port of San Francisco,
would free Seawall 322-1 from trust use restrictions,
authorize affordable housing at that site, and permit the City
and County of San Francisco to lease the site below market
rate in exchange for Jobs-Housing Linkage fee credits at
another waterfront site. The proposal would be subject to an
agreement by the SLC, and the Port would offer the site below
market rate to the San Francisco Mayor's Office of Housing.
3)Background. Existing law protects, pursuant to the common law
doctrine of the public trust, the public's right to use
California's waterways for commerce, navigation, fishing,
boating, natural habitat protection and other water oriented
activities. The public trust doctrine provides that filled
and unfilled tide and submerged lands and the beds of lakes,
streams, and other navigable waterways (public trust lands)
are to be held in trust by the state for the benefit of the
people of California.
The State Lands Commission (SLC) is the steward and manager of
the state's public trust lands. SLC has direct administrative
control over the state's public trust lands and oversight
authority over public trust lands granted by the Legislature
to local public agencies. For over 100 years, the Legislature
has granted public trust lands to local governments so the
lands can be managed locally for the benefit of the people of
California. There are over 80 trustees in the state,
including the ports of Los Angeles, Long Beach, San Diego, San
Francisco, Oakland, Richmond, Benicia and Eureka. While these
trust lands are managed locally, SLC has oversight authority
to ensure those local trustees are complying with the public
trust doctrine and the applicable granting statutes.
4)Previous legislation . AB 418 (Ammiano), Chapter 477, Statutes
of 2011, authorized two exchanges of public trust lands in San
Francisco and placed a variety of conditions on the exchanges
and the uses of the current public trust lands
AB 2649
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Analysis Prepared by : Roger Dunstan / APPR. / (916) 319-2081